Samuel Lee Crear v. State

• Court: Court of Appeals of Texas
• Decided: April 21, 2005
• Docket: 14-05-00222-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 21, 2005

Dismissed and Memorandum Opinion filed April 21, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00222-CR

SAMUEL LEE CREAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 400,630

M E M O R A N D U M   O P I N I O N

This is an attempted appeal of the denial of appellant=s pro se motion to obtain records and request for loan of trial records. 

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction.  Workman v. State, 170 Tex.Crim. 621, 343 S.W.2d 446, 447 (1961);  McKown v. State, 915 S.W.2d 160, 161 (Tex.App.‑‑Fort Worth 1996, no pet.).  The exceptions include:  (1) certain appeals while on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex.Crim.App.1997); (2) appeals from the denial of a motion to reduce bond, TEX.R.APP. P. 31.1; McKown, 915 S.W.2d at 161;  and (3) certain appeals from the denial of habeas corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex.App.‑‑Dallas 1998, no pet.);  McKown, 915 S.W.2d at 161. 

The denial of a motion to obtain trial records is not a separately appealable order.  Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

            Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 21, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).